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    An elderly man is on the ground having knee pain while an elderly woman is trying to help him

    When you hear about premises liability injuries, the first thing you might picture is a wet floor and a slip-and-fall incident. However, premises liability involves much more. This legal category includes a wide range of serious injuries including assaults in poorly lit parking areas, dog bites on private property, children accessing swimming pools without a fence, merchandise falling from shelves, faulty wiring leading to electrocution, toxic chemicals being left in the wrong places, and much more.

    In South Carolina, property owners are responsible when a dangerous condition on their property hurts someone they had a duty to protect. If you were hurt on someone else’s property because the owner failed to either fix a danger or warn you about it, you may have a premises liability claim. Call us for a free consultation. We’ll listen, answer your questions, explain your options, and help you seek compensation.

    What Counts as a Premises Liability Injury in South Carolina?

    To make a case, you must show that the owner’s negligence caused your injury under South Carolina law. It means showing that the owner knew or should have known about the hazard but did not fix it or warn you.

    The care a property owner owes you depends on your reason for being there. South Carolina law places visitors into four groups: invitees, licensees, trespassers, and children.

    • Invitees receive the highest duty of care from property owners. An invitee enters by express or implied invitation, often for a business purpose, like a shopper in a store or a patient in a medical office. Property owners owe invitees reasonable care, which means they must actively inspect and maintain premises to protect invitees from dangerous property conditions.
    • Licensees are social visitors or others who enter with permission but for their own purposes. Owners must warn them about hidden dangers they already know about, but do not have to inspect the property for hazards.
    • Trespassers receive minimal duty of care from property owners. Property owners owe minimal duty to adult trespassers.
    • Children are owed a higher standard of care due to their immaturity. Property owners can be held liable under the attractive nuisance doctrine for child trespassers when a feature on the property, like a swimming pool, that is likely to attract children who cannot appreciate the danger.

    Common Premises Liability Injuries

    Head and Brain Injuries

    Head and brain injuries are among the most serious injuries in premises liability cases. They may happen when merchandise falls in a store, part of a building collapses, or someone is attacked on commercial property.

    Traumatic brain injuries

    A traumatic brain injury happens when an outside force damages the brain. For example, a falling ceiling tile or trip-and-fall may cause a concussion, bleeding in the brain, or a diffuse axonal injury that damages nerve fibers.

    Hypoxic brain injury

    Hypoxic brain injury happens when the brain does not get enough oxygen, most often because of drowning or near-drowning. It can also result from smoke inhalation or chemical exposure. Brain cells can begin to die within minutes, and the damage may be permanent even if the person survives.

    The severity range is wide. A mild concussion may resolve with rest. A moderate or severe traumatic brain injury can cause lasting memory loss, impaired attention, difficulty with planning and judgment, and personality changes. Some people need speech therapy, occupational therapy, and cognitive rehabilitation for months or years. Others require residential care for the rest of their lives.

    These injuries lead to high medical costs and greater personal losses in premises liability cases. If you or a family member suffered a brain injury because negligent property owners failed to maintain safe conditions, our premises liability attorneys can help you understand your legal options.

    Injuries from Assaults and Negligent Security

    Negligent security claims can arise when property owners fail to take reasonable steps to protect visitors from foreseeable criminal activity.

    How Negligent Security Creates Liability

    In a negligent security claim, the owner of the premises can be held responsible for injuries caused by criminal acts. For example, if a business or property owner is aware that criminal activity has occurred or is likely to occur on the property and fails to take reasonable measures to protect visitors, the owner may be held liable for any resulting injuries.

    Negligent security scenarios include:

    • Broken or missing locks on doors or gates at apartment complexes
    • Inadequate lighting in parking lots, stairwells, or common areas
    • Failure to employ security personnel at events or locations with known risks
    • Ignoring a pattern of prior criminal incidents on the property

    Physical Injuries

    An assault can cause broken bones, cuts, stab wounds, damage to internal organs, head injuries, and spinal cord injuries. These injuries may require surgery, a long hospital stay, and months or years of rehabilitation. Some victims suffer scrapes or bruises, while others face far more serious harm.

    Psychological Injuries

    You may be able to seek compensation for the emotional harm an assault causes. That harm can last long after physical wounds heal. Victims may end up with post-traumatic stress disorder, chronic anxiety, depression, a fear of being in public places, nightmares, and an inability to get back to their normal routines or to work. Emotional harm can disrupt your life as much as a physical injury and deserves to be taken seriously.

    Dog Bite and Animal Attack Injuries

    South Carolina has specific laws addressing liability for dog bites and animal attacks. Under S.C. Code § 47-3-110, a dog owner or person having care or custody of a dog is strictly liable when someone who is lawfully on the property is bitten or otherwise attacked. The victim does not have to prove the owner knew the dog was dangerous. The only defense is that the victim provoked the dog.

    Animal attacks are often grounds for premises liability claims. The physical injuries from dog bites include:

    • Puncture wounds and lacerations – teeth can tear skin, muscle, and connective tissue
    • Nerve damage – bites to hands, arms, and faces can sever or compress nerves, causing numbness or loss of function
    • Infection – dog bites carry a high risk of bacterial infection, including Pasteurella and, in rare cases, rabies exposure
    • Scarring and disfigurement – facial bites and deep tissue tears often leave permanent scars, sometimes requiring reconstructive surgery

    The affects of psychological trauma are also significant, especially in children. A child who is bitten may develop lasting fear of animals, anxiety, nightmares, and self-image problems related to visible scarring.

    South Carolina’s strict liability law covers more than bites. It may also apply when a dog knocks someone down, provided the person was lawfully on the property. For example, our firm secured a $430,000 settlement for a woman who suffered serious ankle injuries after her neighbor’s dog jumped up to greet her, causing her to fall down a flight of stairs.

    A dog bite lawyer can explain an owner’s duties, insurance questions, and the steps involved in a claim. Medical records should describe every injured body part, the treatment received, and any care that may be needed later.

    Drowning and Near-Drowning Injuries

    We need to be clear about something: a non-fatal drowning is not a “close call.” It is a catastrophic medical event.

    If a person (particularly a child) is submerged and lacks oxygen, brain cells start to die within a matter of minutes. This leads to hypoxic brain injury, which may result in permanent cognitive disability, motor difficulties, seizures, and in serious instances, a persistent vegetative state.

    People who survive non-fatal drownings may need ongoing medical care and help with daily tasks. Children who survive may experience developmental delays that impact their education, social development, and independence for the rest of their lives.

    Swimming pool accidents often lead to premises liability claims, but drowning can also happen in ponds, fountains, and other standing water on private property. For the period 2019 to 2023, data from the South Carolina Department of Public Health reported 28.5 emergency department visits for nonfatal drowning per 100,000 children ages one to four. The drowning death rate for that age group was 3.4 per 100,000. Across the state, the death rate was 1.6 per 100,000, with the highest rate in the Pee Dee region at 2.3 per 100,000. The drowning death rate for men and boys was 3.9 times the rate for women and girls.

    The attractive nuisance rule may apply when a swimming pool or other water feature is likely to draw children onto the property. If an owner fails to provide proper fencing, covers, or warnings, they may be held responsible if a child is injured (even if the child was trespassing).

    Crush and Impact Injuries from Falling Objects and Structure Collapse

    In warehouse-style stores, heavy merchandise is often stored above shoppers, creating a risk of serious injury if items fall or storage systems give way. Structural failures involving decks, balconies, ceilings, stairs, railings, or other building components can also occur when they are poorly constructed, defective, or inadequately maintained. The force generated in these incidents can pin a person beneath debris, cause direct trauma to the head or spine, or throw the body against another hard surface.

    Crush injuries can damage muscles, nerves, blood vessels, and internal organs. A degloving injury happens when the skin and the tissue beneath it are pulled away from the body. It may need complex surgery, and the injury can leave permanent scarring or loss of function. Spinal injury can lead to chronic pain, weakness, or paralysis, and internal bleeding might not be visible at the scene.

    Severe pressure may also cut off blood circulation and put the surrounding tissue at risk. In such cases, doctors might have to act quickly to save a limb or prevent further organ damage. Later treatment may involve repeated procedures, wound care, access to prosthetic services, or occupational therapy. Each course of treatment must be linked to the initial injury through medical evidence.

    Such incidents frequently result in multiple serious injuries at once. Since treatment plans may overlap, one condition can delay surgery or rehabilitation for another. As a result, it can be difficult to predict recovery time, future care needs, and impact on earning capacity.

    Burns, Electrocution and Toxic Exposure

    Burns and smoke inhalation can arise from inadequate property maintenance. These injuries occur on commercial property, in rental housing, at apartment complexes, and on construction sites.

    Burn Injuries

    Thermal burns can come from fires, explosions, hot surfaces, or scalding liquids. Chemical burns can occur when acids, solvents, or other harsh materials are improperly stored. Large or deep burns can be life-threatening. Survivors may need skin grafts and may be left with permanent scars or disfigurement.

    Electrical Injuries

    Defective wiring, exposed electrical lines, or electricity near water can cause electric shock or electrocution. Electrical injuries may include burns where the current enters and leaves the body, an irregular heartbeat, nerve damage, or muscle damage. A property owner who fails to repair a known electrical danger may have breached a legal duty.

    Toxic Exposure

    Exposure to mold, asbestos, cleaning products, or other harmful chemicals can cause asthma, chronic obstructive pulmonary disease, organ damage, and an increased risk of cancer. Because these injuries develop over time rather than after a single event, they may be harder to prove, but they are no less real.

    Slip, Trip and Fall Accident Injuries

    A slip and fall accident can cause fractures, sprains, head trauma, spinal injuries, and damage to the shoulders, knees, hips, or other joints. The harm depends on how the person landed, what they struck, their age and health, and how far they fell. Some symptoms appear right away, while others become noticeable after pain or swelling increases.

    How Injury Severity Affects a South Carolina Premises Liability Claim

    In South Carolina, a claim based on a premises liability accident can involve both economic and non-economic damages. Economic losses refer to documented out-of-pocket costs, such as medical bills, future medical expenses, lost wages, diminished earning capacity, and other similar expenses. Non-economic losses cover effects that cannot be measured in monetary terms, such as pain, emotional distress, disfigurement, and the loss of enjoyment of life.

    A claim should reflect how the injury affects your whole life. Lasting scars, ongoing care, changes at work, and lost independence can affect both the evidence needed and the compensation you seek. A lawyer should review medical records, your expected recovery, available insurance, and evidence of fault before making a demand for compensation.

    Timing is also a factor. South Carolina Code Section 15-3-530 gives you three years to file a personal injury lawsuit. For most injury claims, Section 15-3-535 starts that period when you knew, or reasonably should have known, you had grounds for a claim. This is called the discovery rule. Claims involving government agencies may have shorter deadlines or special notice requirements. A lawyer can check which deadline applies to your case.

    South Carolina also follows modified comparative negligence. Under the state’s appellate court decisions, you can recover damages if your degree of negligence is not greater than the defendant’s. The amount of damages is reduced by the proportion of fault attributable to you, and no claim can be made if your degree of fault is 51% or more. Insurers may question where you walked, what you saw, or whether you followed a warning when deciding who was at fault.

    How We Handle Premises Liability Injury Claims

    When you come to us after getting hurt on someone else’s property, our legal team starts by understanding exactly what happened. We gather evidence about the condition of the property at the time of the accident, medical records documenting your injuries and treatment, witness statements, photographs, incident reports, and any available surveillance footage. Acting quickly can help us save evidence before it disappears or surveillance footage is overwritten.

    We investigate whether the property owner knew about the danger or should have discovered it. We also find out who may be responsible, including a business owner, property manager, or landlord. Then, we develop the evidence needed to show how a property owner’s failure to address an unsafe condition contributed to your injury.

    Our work also reflects the core values that guide us: compassion, bravery, continuous improvement, and respect for the common good. We take the time to understand how an injury has affected the person behind the claim so can help secure your future.

    Our experience handling premises liability claims include recovering $480,000 for a client who sustained heel fractures, securing a $350,000 settlement for a client who required back surgery, and obtaining a $330,000 settlement for a client who sustained injuries from a wet-floor hazard.

    Since each case is unique, previous results cannot guarantee the same outcome in your case. We can help you understand what to expect from your own claim.

    Frequently Asked Questions

    Premises - Common Injuries

    What types of injuries can be the basis of a premises liability claim in South Carolina?

    Many kinds can qualify. The key question is not the medical label alone, but whether a dangerous property condition or unsafe activity caused the harm. Claims may involve brain, spinal, burn, puncture, crush, organ, nerve, or psychological injuries. The evidence must still connect the responsible party’s legal duty and your losses.

    What is the time limit for filing a premises liability claim in South Carolina?

    Three years is the general rule, but it is not safe to assume that deadline applies to every claim. An attorney should check the facts right away because a shorter filing or notice deadline can end the case.

    Would it make any difference if I were a customer, a visitor, or trespassing?

    Yes. Your reason for being on the property affects the care the owner owed you. A customer, social guest, adult trespasser, and child may each be treated differently, so the facts surrounding your visit matter.

    Who is responsible when someone is assaulted on a business’s property?

    We look at who was responsible for security and whether they should have expected a risk of an attack. Depending on the facts, an owner, tenant, property management company, or security contractor may share responsibility. We review past crimes, lighting, locks, cameras, staffing, and the cost and practicality of added security. The attacker may be responsible, and a business may also be responsible if it failed to take reasonable steps to protect visitors.

    Are property owners responsible if a child is hurt on their property?

    Sometimes. The answer depends on the child’s age, why the child was on the property, the danger involved, and what the owner knew or should have known. South Carolina has special rules for children who cannot understand the danger posed by features such as pools, machines, or structures. A lawyer can check whether those rules apply to your child’s injury.

    How is a premises liability injury claim valued?

    There is no chart or simple formula. The value depends on several factors including the strength of the evidence and how the injury has changed the person’s health, work, finances, and daily life.

    Hurt on Someone Else’s Property in South Carolina?

    After an injury, you may be juggling medical appointments, missed work, and family needs while wondering who’s responsible. You do not have to accept an insurer’s explanation or put a value on the case alone.

    Founded in 1968, Joye Law Firm stands up for the underdogs against big insurance companies. In the 2026 Best Law Firms® rankings by Best Lawyers®, the firm earned Regional Tier 1 rankings for plaintiffs’ personal injury litigation in Charleston and Columbia. Partner and Head of Litigation Mark Joye was selected to South Carolina Super Lawyers from 2008 through 2026  and is a Past President of the South Carolina Association for Justice.

    Request a free consultation to get a clear assessment of your case. There is no attorney fee unless we win compensation for you.

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